Attorneys Get No Decision in Second Pain Pump Lawsuit Consolidation Request

By Jim Greene

Published on February 05, 2010

Attorneys in product liability/personal injury lawsuits against makers of shoulder pain pumps were frustrated in a second attempt to have their cases consolidated in federal court. Their petition was rejected last summer and did not receive a decision in time for this month's hearing session of the U.S. Judicial Panel on Multidistrict Litigation (JPML).

The attorneys claim the lack of cooperation from pain pump manufacturers made consolidation under multidistrict litigation (MDL) procedures their only option. They requested consolidation in the U.S. District Court for the District of Minnesota.

Plaintiffs allege that pain pumps, designed to deliver a steady stream of prescription anesthetic directly to the site of surgery during recovery, caused chondrolysis, crippling destruction of shoulder cartilage. They say manufacturers were negligent for promoting pain pumps for an improper application.

According to the U.S. Food and Drug Administration, pain pumps were never approved for use on joints, but were intended for pain relief after abdominal surgery, such as a hysterectomy. After receiving reports of shoulder cartilage damage, the FDA ordered pain pump makers to warn doctors and patients of the risk of chondrolysis.

The anesthetics used in pain pumps have been used successfully for years in single injections to shoulder joints, but proper testing was not conducted to determine the effects of a steady stream on joint cartilage.

Last summer's rejection of consolidation was based on the JPML's opinion that not all pain pumps or pump makers had been identified. The panel suggested attorneys find other means to reduce duplication of efforts in pretrial discovery and minimize the incidence of inconsistent pretrial rulings in cases heard in multiple jurisdictions.

If you or someone you know has suffered shoulder cartilage damage after using a pain pump, contact an experienced product liability/personal injury attorney right away. Medical bills and loss of income can devastate your finances. You need someone on your side to fight for the compensation you deserve.

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